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10 Michigan opinions name it 2 courts 1935–2024 1 in the last five years
The cases below were cited by Michigan courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
People v. Reidgreen2 sentences2017See Reid, 233 Mich App at 477 (“[I]t is not error to comment on the failure of the defense to produce evidence on a phase of the defense upon which the defendant seeks to rely.”) (citation omitted). 2017See Reid, 233 Mich App at 477 (“[I]t is not error to comment on the failure of the defense to produce evidence on a phase of the defense upon which the defendant seeks to rely.”) (citation omitted). | 2 | 4 |
People v. Steanhousegreen2 sentences2017See also Steanhouse, 313 Mich App at 35 . 2017See also Steanhouse, 313 Mich App at 35 . | 2 | 2 |
People v. Fieldsgreen2 sentences2015However, “ ‘ “[i]t is not error to comment on the failure of the defense to produce evidence on a phase of the defense upon which the defendant seeks to rely.” ’ ” People v Reid, 233 Mich App 457, 477-478 ; 592 NW2d 767 (1999), quoting People v Fields, 450 Mich 94 , 111 n 21; 538 NW2d 356 (1995), in turn quoting United States v Bright, 630 F2d 804, 825 (CA 5, 1980). 2015However, “ ‘ “[i]t is not error to comment on the failure of the defense to produce evidence on a phase of the defense upon which the defendant seeks to rely.” ’ ” People v Reid, 233 Mich App 457, 477-478 ; 592 NW2d 767 (1999), quoting People v Fields, 450 Mich 94 , 111 n 21; 538 NW2d 356 (1995), in turn quoting United States v Bright, 630 F2d 804, 825 (CA 5, 1980). | 1 | 3 |
Wayne County v. Britton Trustgreen2 sentences2015As to adaptation, our Supreme Court has explained that this phase of the analysis is concerned with “the relationship between the chattel and the use which is made of the realty to which the chattel is annexed.” Wayne Co, 454 Mich at 618 (citation and quotation marks omitted). “[A]n object introduced onto the realty may become a fixture if it is a necessary or at -3- least a useful adjunct to the realty, considering the purposes to which the latter is devoted.” Id. at 619 , quoting 35 Am Jur 2d, Fixtures, § 12. 2015As to adaptation, our Supreme Court has explained that this phase of the analysis is concerned with “the relationship between the chattel and the use which is made of the realty to which the chattel is annexed.” Wayne Co, 454 Mich at 618 (citation and quotation marks omitted). “[A]n object introduced onto the realty may become a fixture if it is a necessary or at -3- least a useful adjunct to the realty, considering the purposes to which the latter is devoted.” Id. at 619 , quoting 35 Am Jur 2d, Fixtures, § 12. | 1 | 1 |
United States v. Miguel Bautista and Tony Rodriguez Perez, Luis R. Minier-Contrerasgreen1 sentence1995See 3 LaFave & Israel, supra, § 23.4, pp 30-31 and 1991 cum supp, pp 20-21; "[CJommenting on a defendant’s failure to call or ask particular questions of a witness 'does not have the effect of shifting the burden of proof unless it taxes the exercise of the defendant’s right not to testify United States v Kelly, 991 F2d 1308, 1314 (CA 7, 1993), quoting United States v Dahdah, 864 F2d 55, 59 (CA 7, 1988); United States v Bautista, 23 F3d 726, 733 (CA 2, 1994). "[I]t is not error to comment on the failure of the defense to produce evidence on a phase of the defense upon which the defendant seeks | 1 | 1 |
Township of Grant v. Township of Renogreen1 sentence1944See, also, Township of Grant v. Township of Reno, 107 Mich. 409 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Michigan. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
People v. McGhee
green
2 sentences2024However, “[i]t is not error to comment on the failure of the defense to produce evidence on a phase of the defense upon which the defendant seeks to rely.” People v McGhee, 268 Mich App 600, 634 ; 709 NW2d 595 (2005) (quotation marks and citations omitted). 2024However, “[i]t is not error to comment on the failure of the defense to produce evidence on a phase of the defense upon which the defendant seeks to rely.” People v McGhee, 268 Mich App 600, 634 ; 709 NW2d 595 (2005) (quotation marks and citations omitted). | 1 | 2024–2024 |
Patterson v. New York
green
2 sentences1995Patterson v New York, 432 US 197 ; 97 S Ct 2319 ; 53 L Ed 2d 281 (1977). 23 Burden shifting arguments based on a violation of due process, see Sandstrom v Montana, supra, were also rejected. 1995Patterson v New York, 432 US 197 ; 97 S Ct 2319 ; 53 L Ed 2d 281 (1977). 23 Burden shifting arguments based on a violation of due process, see Sandstrom v Montana, supra, were also rejected. | 1 | 1995–1995 |
Sandstrom v. Montana
green
1 sentence1995Patterson v New York, 432 US 197 ; 97 S Ct 2319 ; 53 L Ed 2d 281 (1977). 23 Burden shifting arguments based on a violation of due process, see Sandstrom v Montana, supra, were also rejected. | 1 | 1995–1995 |
Walker v. Schultz
green
1 sentence1944And counsel have stipulated that incident to such accountings “no specific or definite action whatever * * * (was) taken however with the reference to possible liability of either of the parties to this suit by reason of the issuance-of the bonds in question.” This phase of the defense asserted is controlled by our holding in Walker v. Schultz, 175 Mich. 280 . | 1 | 1944–1944 |
Hajduk v. Revere Copper & Brass, Inc.
green
1 sentence1935For that reason Hajduk v. Revere Copper & Brass, Inc., 268 Mich. 220 ; Ardelian v. Ford Motor Co., 272 Mich. 117 ; and Stone v. Ford Motor Co., 272 Mich. 139 , in each of which decision turns on the pleaded general statute of limitations, are not controlling of decision herein. | 1 | 1935–1935 |
Stone v. Ford Motor Co.
neutral
1 sentence1935For that reason Hajduk v. Revere Copper & Brass, Inc., 268 Mich. 220 ; Ardelian v. Ford Motor Co., 272 Mich. 117 ; and Stone v. Ford Motor Co., 272 Mich. 139 , in each of which decision turns on the pleaded general statute of limitations, are not controlling of decision herein. | 1 | 1935–1935 |
Ardelian v. Ford Motor Co.
green
1 sentence1935For that reason Hajduk v. Revere Copper & Brass, Inc., 268 Mich. 220 ; Ardelian v. Ford Motor Co., 272 Mich. 117 ; and Stone v. Ford Motor Co., 272 Mich. 139 , in each of which decision turns on the pleaded general statute of limitations, are not controlling of decision herein. | 1 | 1935–1935 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.